Assembly Bill A11292

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11292
 
                           I N  A S S E M B L Y
 
                                May 8, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
   read once and referred to the Committee on Science and Technology
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use of stealth crawlers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 48 to read as follows:
                                ARTICLE 48
                 NEW YORK STEALTH CRAWLER PROHIBITION ACT
 SECTION 1750. SHORT TITLE.
         1751. DEFINITIONS.
         1752. STEALTH CRAWLER DISCLOSURE.
         1753. STEALTH CRAWLER PROHIBITION.
         1754. ENFORCEMENT.
         1755. SEVERABILITY.
   §  1750.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NEW YORK STEALTH CRAWLER PROHIBITION ACT".
   § 1751. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CRAWLER" MEANS SOFTWARE THAT RETRIEVES, SCANS, INDEXES, SCRAPES OR
 OTHERWISE ACCESSES A WEBSITE OR OTHER INTERNET SOURCE, INCLUDING BUT NOT
 LIMITED  TO AN ONLINE CRAWLER, SPIDER, FETCHER, CLIENT, BOT, USER AGENT,
 AI AGENT OR EQUIVALENT TOOL.
   2. "COVERED NEWS SOURCE" MEANS  THE  WEBSITE  OR  ANY  OTHER  RELEVANT
 SOURCE  OF  ANY  PRINT,  TELEVISION, RADIO, NETWORK, CABLE, SATELLITE OR
 DIGITAL PUBLICATION OR SERVICE WHICH:
   (A) PERFORMS A PUBLIC-INFORMATION FUNCTION COMPARABLE TO  THAT  TRADI-
 TIONALLY  SERVED BY JOURNALISM ORGANIZATIONS, SUCH AS NEWSPAPERS, BROAD-
 CASTERS, MAGAZINES AND OTHER PERIODICAL PUBLICATIONS;
   (B) MAKES A SUBSTANTIAL EXPENDITURE OF  LABOR,  SKILL,  AND  MONEY  TO
 CREATE, EDIT, PRODUCE AND DISTRIBUTE CONTENT INCLUDING BY ENGAGING INDI-
 VIDUALS  TO  CREATE,  EDIT, PRODUCE AND DISTRIBUTE ORIGINAL TEXT, AUDIO,
 PHOTO, ILLUSTRATIVE OR VIDEO CONTENT CONCERNING  MATTERS  OR  TOPICS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15525-03-6
 A. 11292                            2
 
 INTEREST  OR  USE  TO  MEMBERS  OF THE PUBLIC THROUGH ACTIVITIES SUCH AS
 OBSERVATION, VIDEO OR  AUDIO  RECORDING  EVENTS,  INTERVIEWS,  RESEARCH,
 TESTING AND ANALYSIS;
   (C) PUBLISHES NEW CONTENT OR UPDATES ITS CONTENT ON AT LEAST A MONTHLY
 BASIS AND HAS A PROCESS FOR ERROR CORRECTION AND CLARIFICATION; AND
   (D) HAS AT LEAST ONE THOUSAND MONTHLY ACTIVE VIEWERS, LISTENERS, USERS
 OR SUBSCRIBERS IN NEW YORK.
   3.  "JOURNALISM  PROVIDER"  MEANS  ANY  PERSON  THAT  OWNS ONE OR MORE
 COVERED NEWS SOURCES.
   4. "OPERATOR" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, FIRM, OR
 BUSINESS ENTITY, OR ANY  MEMBER,  AFFILIATE,  SUBSIDIARY  OR  BENEFICIAL
 OWNER THEREOF.
   5.  "PERSON"  MEANS  ANY  INDIVIDUAL, PARTNERSHIP, CORPORATION, TRUST,
 ESTATE, CO-OPERATIVE, ASSOCIATION, GOVERNMENT OR  GOVERNMENTAL  SUBDIVI-
 SION, AGENCY OR OTHER ENTITY.
   6. "SERVICE PROVIDER" MEANS AN ENTITY OFFERING THE TRANSMISSION, ROUT-
 ING OR PROVIDING OF CONNECTIONS FOR BROADCAST OR DIGITAL ONLINE COMMUNI-
 CATIONS,  BETWEEN  OR  AMONG  POINTS  SPECIFIED OR SELECTED BY A VIEWER,
 LISTENER, USER OR SUBSCRIBER, OF MATERIAL OF SUCH USER'S CHOOSING, WITH-
 OUT MODIFICATION TO THE CONTENT OF THE MATERIAL  AS  SENT  OR  RECEIVED,
 INCLUDING AN ENTITY THAT PROVIDES INTERNET ACCESS SERVICES.
   7. "STEALTH CRAWLER" MEANS A CRAWLER THAT DOES NOT COMPLY WITH SECTION
 SEVENTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
   § 1752. STEALTH  CRAWLER DISCLOSURE. A CRAWLER THAT ACCESSES A COVERED
 NEWS SOURCE SHALL DISCLOSE ITS IDENTITY  AND  PURPOSE  AT  THE  TIME  OR
 BEFORE IT ACCESSES THE COVERED NEWS SOURCE, INCLUDING BY:
   (A)  IDENTIFYING  ITSELF  VIA  A VALID AND ACCURATE USER-AGENT STRING,
 WHICH SHALL STATE THE  IDENTITY  OF  ANY  SOFTWARE  PRODUCT  MAKING  THE
 REQUEST,  THE  VERSION  OF SUCH SOFTWARE PRODUCT AND THE IDENTITY OF THE
 COMPANY BEHIND SUCH SOFTWARE PRODUCT; AND
   (B) DISCLOSING THE SPECIFIC NATURE AND PURPOSE OF SUCH CRAWLER,  WHICH
 SHALL INCLUDE ALL USES AND PURPOSES THAT THE CONTENT OF THE COVERED NEWS
 SOURCE  COULD  BE  USED  FOR,  AT  THE TIME ACCESS IS REQUESTED AND IN A
 FORMAT THAT THE JOURNALISM PROVIDER CAN ACCESS.
   § 1753. STEALTH CRAWLER PROHIBITION. IT SHALL BE A VIOLATION  OF  THIS
 ARTICLE  FOR  ANY  OPERATOR TO DEPLOY A STEALTH CRAWLER IN A MANNER THAT
 WOULD DAMAGE, IMPAIR OR BURDEN THE OPERATION OF A COVERED NEWS SOURCE OR
 OTHERWISE CAUSE A NEWS SOURCE ECONOMIC HARM.
   § 1754. ENFORCEMENT. 1. WHENEVER THE ATTORNEY  GENERAL  SHALL  BELIEVE
 FROM EVIDENCE SATISFACTORY TO THEM THAT AN OPERATOR HAS ENGAGED IN OR IS
 ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES STATED TO BE UNLAWFUL IN
 THIS  ARTICLE, THEY MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE
 PEOPLE OF THE STATE OF NEW YORK TO ENJOIN AN  OPERATOR  FROM  CONTINUING
 SUCH  UNLAWFUL  ACTS OR PRACTICES, AND MAY SEEK CIVIL PENALTIES OF UP TO
 FIFTEEN THOUSAND DOLLARS PER DAY FOR EACH VIOLATION. IF IT SHALL  APPEAR
 TO  THE  SATISFACTION  OF  THE  COURT  OR JUSTICE THAT THE DEFENDANT HAS
 VIOLATED THIS ARTICLE, NO PROOF SHALL BE REQUIRED THAT  ANY  PERSON  HAS
 BEEN  INJURED  THEREBY. IN SUCH ACTION PRELIMINARY RELIEF MAY BE GRANTED
 UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES.
   2. (A) PURSUANT TO SUBDIVISION (C) OF SECTION THIRTY-ONE  HUNDRED  TWO
 OF  THE  CIVIL PRACTICE LAW AND RULES, A JOURNALISM PROVIDER MAY REQUEST
 THE CLERK OF THE SUPREME COURT, OR A JUDGE WHERE THERE IS NO  CLERK,  TO
 ISSUE  A  SUBPOENA  PRIOR  TO THE INSTITUTION OF AN ACTION, TO A SERVICE
 PROVIDER FOR IDENTIFICATION OF AN ALLEGED VIOLATOR.
   (B) THE CLERK, OR THE JUDGE WHERE THERE IS NO CLERK,  SHALL  WITHIN  A
 REASONABLE  PERIOD  OF  TIME  ISSUE  AND  SIGN THE PROPOSED SUBPOENA AND
 A. 11292                            3
 
 RETURN IT TO THE JOURNALISM PROVIDER FOR DELIVERY TO THE SERVICE PROVID-
 ER.
   (C)  THE  SUBPOENA  SHALL  AUTHORIZE  AND  ORDER  THE SERVICE PROVIDER
 RECEIVING SUCH SUBPOENA TO  EXPEDITIOUSLY  DISCLOSE  TO  THE  JOURNALISM
 PROVIDER  INFORMATION SUFFICIENT TO IDENTIFY THE ALLEGED VIOLATOR TO THE
 EXTENT SUCH INFORMATION IS AVAILABLE TO SUCH SERVICE PROVIDER.
   (D) A SUBPOENA ISSUED UNDER THIS SECTION  SHALL  INCLUDE  A  PROVISION
 REQUIRING THE PRESERVATION OF ANY RELEVANT EVIDENCE IN THE POSSESSION OF
 THE SERVICE PROVIDER.
   §  1755.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
 DICTION  TO  BE  INVALID  AND  AFTER  EXHAUSTION OF ALL FURTHER JUDICIAL
 REVIEW, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE  REMAIN-
 DER  THEREOF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE,
 SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ACT  DIRECTLY  INVOLVED  IN
 THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.